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Motor Vehicles – OWI – mistake of fact
By: WISCONSIN LAW JOURNAL STAFF//April 3, 2013//
Listen to this articleMotor Vehicles – OWI – mistake of fact
Where the officer stopped a vehicle because of a good faith mistake of fact, the evidence need not be suppressed.
“[T]he Reierson court concluded that so long as the officer’s misreading of the plate was in good faith, ‘the officer had a reasonable, if mistaken, belief that [the defendant] was operating a vehicle with an expired registration.’ Reierson, unpublished slip op. ¶11. Likewise, the objective facts related by the officer supported a reasonable, if mistaken, suspicion that Laufer was driving a vehicle displaying incorrect plates based on the registration check he ran on the misread plates. We therefore adopt the reasoning set forth in Reierson and uphold the stop based on a good-faith mistake of fact in this case.”
Affirmed.
Recommended for publication in the official reports.
2012AP915-CR State v. Laufer
Dist. II, Washington County, Pouros, J., Neubauer, J.
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